125 Ga. 262 | Ga. | 1906
Under section 27 of the act creating the city court of Camilla (Acts of 1905, p. 189) it is provided, that “the defendants in criminal cases in said city court shall be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor, said accusation shall be signed b}7 the prosecutor and prosecuting officer of said court. Upon such affidavit and accusation being made and filed in the clerk’s office of said court, the defendant shall be asked by the judge whether he waives trial by jury. If he answer ‘yes,’ the judge shall proceed to try and determine said ease; if defendant shall answer no, or stand mute, then the judge shall commit him for trial at the next regular term, or special term, in all eases allowing bail to defendant, to be fixed by said judge. The defendant shall not be allowed to demand indictment by the grand jury as a condition precedent to. trial.” The language of this section of the act is not ambiguous, nor is .the intention of the legislature left in doubt. If the defendant, in answer to the judge’s inquiry as to whether he waives trial by jury, should say “yes,” it is the duty of the judge to proceed to try the case without a jury. If he answers “no,” or stands mute, then in express terms the act- fixes the time of trial at the next regular term or the next special term. It is insisted by counsel for the State that “next” means nearest, and that the nearest term is the one already in session. This is a strained interpretation of the legislative intent, which, we do not feel authorized to follow.. There must be a beginning of each term by the proper organization, and there must follow, by limitation of time or formal adjournment, a conclusion of that term. In prescribing the mode of practice, it is in the power of the legislature to say what shall or shall not be
Judgment reversed.